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Minutes of Commissioners Meeting   -   October 26, 2005

Note:  Complete Meeting Appears on Tape #28-05 on File in the Borough Clerk’s Office October 26, 2005
Wildwood Crest, NJ

Prior to the opening of the meeting, Mr. Groon led those present in the Pledge of Allegiance to the Flag.

 

The meeting of the Board of Commissioners, Borough of Wildwood Crest, Cape May County , New Jersey , was held in the Municipal Court Room at 7:00 p.m.  On roll call the following answered to their names:

Gould - Cabrera – Groon – Yes

 

Mr. Groon read the following statement:  In compliance with the Open Public Meeting Act, Chapter 231, P.L. 1975, the notice requirements have been satisfied as to the time, place and date of holding said meeting by posting notice on the bulletin board in the Borough Hall and by mailing same to the Gazette-Leader and The Press on December 6, 2004.

 

Mr. Groon next announced the one-way in and the one-way out method of ingress and egress in case of emergency.

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 983 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 983

AN ORDINANCE AUGMENTING AND AMENDING THE LAND

DEVELOPMENT ORDINANCE OF THE BOROUGH OF WILDWOOD

CREST, CHAPTER 85 – ARTICLE II, SECTION 85-11, DEFINITIONS;

CHAPTER 85 – ARTICLE III, SECTION 85-14 – ZONING MAP;

CHAPTER 85 – ARTICLE VIII – R-3 MULTI-FAMILY RESIDENTIAL

ZONE; CHAPTER 85, TO INCORPORATE INTO THE ADOPTION OF

THE MASTER PLAN – ARTICLE XI – HOTEL, MOTEL & MULTI-FAMILY

ZONE – SECTION 85-57 TO SECTION 85-60; CHAPTER 85 – ARTICLE XIV,

EXCEPTIONS AND SUPPLEMENTAL REGULATIONS, SECTION 85-73B –

HEIGHT LIMITATIONS, AND CHAPTER 85 – ARTICLE XV – DESIGN

STANDARDS FOR SUBDIVISIONS AND SITE PLANS, SECTION 85-89D –

PARKING, PURSUANT TO ADOPTION BY THE WILDWOOD CREST

PLANNING BOARD OF RESOLUTION NO. 2005-88 ON OCTOBER 6, 2005

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on October No. 983.

Vote:          Gould-Cabrera-Groon-Yes

 

Ronald Stagliano, an attorney in the City of Wildwood and representing several motel owners in Wildwood Crest indicated that he was not present at the meeting to argue the substance of the ordinance nor the effective date of the ordinance, adding that the statutes are quite clear on that issue. Mr. Stagliano went on to state that his clients had submitted applications to the Planning Board prior to the deadline for the November 3, 2005 Planning Board meeting. Mr. Stagliano argued that those applications should be heard by the Planning Board using the criteria of the old ordinance. Mr. Groon interrupted Mr. Stagliano, indicating that he believes the governing body will be finally considering, this evening, the current ordinance “as it stands.” He added that he has asked for legal in-put and based on legal opinion, it is his opinion that the Planning Board and the Planning Board attorney will be reviewing the applications on November 3, 2005 under the prior rules. Mr. Stagliano thanked Mr. Groon.

 

Chris Ferraro, owner of the Seascape Inn, commented on the parking provisions in the pending ordinance that provide for one space for units up to 650 square feet. He indicated that some of his units at the Seascape could be “opened up” to combine two units into rooms approximately 760 square feet. His questioned whether there would be a chance to modify the pending ordinance. Mr. Groon responded that the issue has been discussed at great length and it will not be modified at the present meeting. He added that the reasoning behind the 650 was to allow motel owners to combine units for “room and a half” units of around 540 square feet.

He indicated that it was the opinion of most of the Planning Board members that to increase the size would create a “three bedroom” which is a two-car size unit.

 

William Kauffman, an attorney in the City of Wildwood who represented the owners of Little Italy restaurant. Mr. Kauffman expressed his and his client’s appreciation for the conclusion to review plans on November 3, 2005 under the prior rules.

 

There being no further public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 983 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 983 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 984 be placed on second reading and final passage by title only.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 984

AN ORDINANCE TO AMEND IN ITS ENTIRETY CHAPTER 67,

STREET EXCAVATIONS, OF THE CODE OF THE BOROUGH OF

WILDWOOD CREST, COUNTY OF CAPE MAY , STATE OF NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that a public hearing be held on Ordinance No. 984.

Vote:          Gould-Cabrera-Groon-Yes

There being no public comments, Mrs. Gould motioned, seconded by Mr. Cabrera, that the public hearing on Ordinance No. 984 be closed.

Vote:          Gould-Cabrera-Groon-Yes

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 984 be passed on second and final reading and advertised according to law.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 985

AN ORDINANCE ESTABLISHING A POLICY BY THE BOROUGH OF

WILDWOOD CREST FOR COMPLIANCE WITH ARTICLE 8, SECTION 3,

SUBPARAGRAPH 3 OF THE CONSTITUTION OF THE STATE OF NEW

JERSEY AS TO THE PROHIBITION OF DONATIONS OF LAND AND

APPROPRIATIONS OF PUBLIC FUNDS

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 985 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 9, 2005 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 986

BOND ORDINANANCE APPROPRIATION $1,620,000, AND

AUTHORIZING THE ISSUANCE OF $1,542,700 BONDS OR

NOTES OF THE BOROUGH, FOR VARIOUS IMPROVEMENTS

OR PURPOSES AUTHORIZED TO BE UNDERTAKEN BY THE

BOROUGH OF WILDWOOD CREST, IN THE COUNTY OF

CAPE MAY, NEW JERSEY

Mrs. Gould motioned, seconded by Mr. Cabrera, that Ordinance No. 986 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 9, 2005 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING ORDINANCE BY TITLE ONLY:

ORDINANCE NO. 987

AN ORDINANCE PROVIDING FOR THE PURCHASE

AND INSTALLATION OF TIDEFLEX VALVES AT THE

CRESSE AVENUE AND MORNING GLORY ROAD

STREET END BULKHEADS

Mr. Cabrera motioned, seconded by Mrs. Gould, that Ordinance No. 987 be passed on first reading, advertised according to law, be brought up for second and final reading and public hearing on Wednesday, November 9, 2005 at 9:30 a.m.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 110-05

(Authorizing execution of documents pertaining to the DEP

Stormwater Management Grant Agreement)

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 111-05

(Authorizing rescinding of the provisions of Borough Resolution No. 101-05

with regard to the return of a $20,000 performance guarantee and providing

for the return of same to Monta Cello on Seaview, LLC)

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 112-05

(Authorizing submission of a $2,000 grant application to the State of New

Jersey , Dept. of Law and Public Safety, Division of Highway Traffic

Safety [Buckle Up South Jersey campaign])

 

Mr. Groon motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 113-05

(Authorizing publication of Notice to Bidders for the Rental of Beach

Concessions, with advertisement date of 11/2/05 and oral auction date

of Thursday, 11/17/05)

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 114-05

(Authorizing appointment of Lisa Fitzpatrick to the Wildwood Crest

Recreation Commission to fill the unexpired term of Dominick Mancia,

effective immediately and terminating 12/31/07)

 

Mr. Cabrera motioned, seconded by Mrs. Gould, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 115-05

(Authorizing Borough Clerk to conduct a Borough Auction on Monday,

11/21/05 in the Municipal Court Room , with advertisement date of 11/9/05)

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 116-05

(Authorizing participation through voluntary payroll deduction by Borough employees

in the AFLAC Supplemental Insurance Program)

 

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that all bills properly authorized and which appear in full on the following page, as submitted, be paid.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Cabrera, that minutes of meetings held September 14, September 28, and October 12, 2005, as well as the closed session minutes of September 28, 2005, be approved as submitted.

Vote:          Gould-Cabrera-Groon-Yes

 

Mrs. Gould motioned, seconded by Mr. Groon, that all reports received from the Court Administrator, Tax Collector and Chief of Police be read and filed, and that the detailed financial report as submitted by the Chief Financial Officer on September 30, 2005 be accepted as presented.

Vote:          Gould-Cabrera-Groon-Yes

THE CLERK READ THE REPORTS AS REFERENCED ABOVE.

Robert Young, 207 Louisville Avenue , congratulated the Board of Commissioners for adopting Ordinance No. 983, particularly with respect to the elimination of the R-3 Zone. Mr. Young then questioned the Commissioners with regard to Resolution No. 113-05 adopted earlier, asking if that is a new concession. The Clerk responded that it is only the umbrella stand concession. Mrs. Gould interjected that there is nothing new yet.

 

Richard Grzaskiewicz, 211 East Topeka Avenue , inquired as to why there are not more people present at the meeting. Mrs. Gould responded that she did not know, but was happy that Mr. Grzaskiewicz was present.

 

There being no further public comments, THE CLERK READ THE FOLLOWING RESOLUTION BY TITLE ONLY:

RESOLUTION NO. 117-05

(Closed session – emergency response and land use issues with Lower Township )

 

The Clerk reported that the purpose of the closed session was to discuss on-going emergency response and land use issues with Lower Township . He added that the discussion would be released to the public at the conclusion of the matters, and that it would be possible that upon return from closed session further action may be taken by the Board of Commissioners.

Mrs. Gould motioned, seconded by Mr. Groon, that the foregoing Resolution be adopted.

Vote:          Gould-Cabrera-Groon-Yes

 

THE BOARD OF COMMISSIONERS ADJOURNED TO CLOSED SESSION AT 7:20 P.M.

 

Upon returning from closed session, with the Clerk so advising those remaining that they may now return, and there being no further comments or discussions, Mrs. Gould motioned, seconded by Mr. Cabrera, that the meeting be adjourned.

Vote:          Gould-Cabrera-Groon-Yes

 

Dated:        November 21, 2005

Kevin M. Yecco, Borough Clerk

 

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